HomeMy WebLinkAbout87-143 - Summary Criminal History InformationRESOLUTION NO. 87 -143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
• OF NEWPORT BEACH AUTHORIZING RELEASE OF
SUMMARY CRIMINAL HISTORY INFORMATION TO ITS
OFFICERS AND EMPLOYEES TO ASSIST THEM IN
FULFILLING EMPLOYMENT, CERTIFICATION OR
LICENSING DUTIES.
WHEREAS, Sections 11105(b)(10) and 13300(b)(10) of the
Penal Code empower the City Council to authorize the Attorney
General to furnish state summary criminal history information to
its officers and employees when such information is needed to
assist the officer or employee in fulfilling employment,
certification or licensing duties; and
WHEREAS, these provisions of the Penal Code authorize
access to criminal history information only when necessary to
implement a statute, ordinance or regulation that expressly
refers to specific criminal conduct of the person subject to
employment, licensing or certification inquiry; and
WHEREAS, these sections of the Penal Code also provide
that the statute, ordinance, or regulation for which the criminal
history information is needed contain appropriate requirements or
exclusions relative to specified criminal conduct; and
WHEREAS, the City of Newport Beach has adopted many
ordinances that require its officers or employees to make
employment, licensing or certification decisions based, in part,
on the absence of prior convictions for specific criminal
offenses; and
WHEREAS, criminal history information which does not
reflect a conviction shall not be utilized as a factor in
determining any condition of employment, including hiring,
promotion, and termination.
NOW, THEREFORE, BE IT RESOLVED that the officers and
employees of the City of Newport Beach that are responsible, in
some manner, for decisions relating to employment, licensing or
certification, are hereby authorized to have access to summary
criminal history information for such purposes pursuant to the
provisions of Sections 11105(b)(10) and 13300(b)(10) of the Penal
Code; and
• BE IT FURTHER RESOLVED that summary criminal history
information pertaining to an arrest or detention which did not
result in conviction shall not be used as a factor in determining
any condition of employment, including hiring, promotion, or
termination; and
BE IT FURTHER RESOLVED that a conviction of a felony or
misdemeanor involving moral turpitude may be disregarded for
purposes of employment or licensing if it is determined that
mitigating circumstances exist, or, that the conviction is not
related to the employment or license in question.
ADOPTED this 14th day of September , 1987.
ATTEST:
City Clerk